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C. HARI SHANKAR
Tata Sia Airlines Limited – Appellant
Versus
Vistara Buildtech Llp – Respondent
ORDER (Oral)
1. The dispute between the parties stands settled vide Settlement Agreement dated 3rd May 2023 executed under the aegis of the Delhi High Court Mediation and Conciliation Centre.
2. The Settlement Agreement is on record.
3. The terms of settlement contained therein are as under:
"1. The Defendants acknowledge and recognise that the Plaintiff is the registered proprietor of the well-known mark VISTARA.
2. The Defendants undertake to cease all use of the impugned marks VISTARA, [IMG] VISTARA BUILDTECH, [IMG]/VISTARA JOYVILLE, [IMG], VISTARA HAPPINEST, [IMG]/VISTARA MIDTOWN and [IMG] VISTARA URBANO ("Impugned Marks") or any mark deceptively similar thereto.
3. The Defendants undertake to takedown/destroy all signages, pamphlets, advertising material etc. wherein the Impugned Marks are being used/displayed/affixed.
4. The Defendants undertake to remove the Impugned Marks from all social media and/or third party websites.
5. The Defendants undertake to withdraw the trademark application numbers 4854023, 4854024, 4854019, 4854020, 4854021, 4854022, 5396080 and 5396409 for the Impugned Marks. The Defendant shall within seven days make appropriate applications to the Tradema
The court's decision was influenced by the binding nature of the settlement agreement, which required the defendants to acknowledge the plaintiff's trademark and cease all use of the impugned marks.
Settlement of disputes under Order XXIII Rule 3 of the CPC and the court's authority to decree suits based on lawful settlement terms.
Enforceability of settlement agreements and their impact on the resolution of disputes.
Enforceability of settlement agreement under Order XXIII Rule 3 of the CPC.
Settlement agreements can effectively resolve disputes in trademark infringement cases, allowing parties to acknowledge rights and agree on actions to prevent future violations.
The court has the authority to examine and decree a suit based on the terms of settlement between the parties under Order XXIII Rule 3 of the CPC.
The judgment confirms the acknowledgment of trademark ownership and sets enforcement measures against infringement, emphasizing settlement agreements under the CPC.
The main legal point established is the enforceability of the terms of settlement under Order XXIII Rule 3 of the CPC in settling the trade mark dispute.
Enforcement of settlement terms and direction to cancel infringing marks by the Trade Marks Registry
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